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Experts agree that a large percentage of accidents are caused by driver error, but there are a considerable number caused by mechanical defects. Safety standards have been established, but they are not infallible. Certain vehicle defects are known causes of vehicle accidents. 

What is a safety-related defect? 

The NHTSA (National Highway Traffic Safety Administration) says that a defect is defined as a problem that exists in a motor vehicle or item of motor vehicle equipment that: (1) poses a risk to motor vehicle safety, and (2) may exist in a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture. 

U.S auto safety recalls set records in 2014, 2015, and 2016, topping off at a total of 50 million recalled vehicles, according to Auto News.  

The largest safety-related vehicle defect safety recall, according to the NHTSA, involves roughly 37 million vehicles equipped with 50 million defective Takata air bags, which are under recall because these air bags can explode when deployed, causing serious injury or even death. 

More examples of defects considered safety-related 

The NHTSA says the following are examples of safety-related defects: 

• Steering components that break suddenly causing partial or complete loss of vehicle control.
• Problems with fuel system components that can cause vehicle fires.
• Accelerator controls that may break or stick.
• Wheels that crack or break, resulting in loss of vehicle control.
• Seats and/or seat backs that fail unexpectedly during normal use.
• Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.
• Wiring system problems that result in a fire or loss of lighting.
• Air bags that deploy under conditions for which they are not intended to deploy. 

How are safety defects with vehicles remedied? 

When a safety-defect determination is made, the law gives the manufacturer three options for correcting the defect – repair, replacement, or refund. In the case of a vehicle recall, the manufacturer may choose to repair the vehicle at no charge; replace the vehicle with an identical or similar vehicle; or refund the purchase price in full, minus a reasonable allowance for depreciation. The manufacturer must notify vehicle owners if there is a recall. This must be done in a reasonable time after the determination. The notification must be by first-class mail to all registered owners and purchasers of the vehicles with the problem. In the notification, manufacturers must give an evaluation of the recall item’s risk to motor vehicle safety and instruct consumers how to get the problem corrected at no charge. They must also let consumers know how long the remedy will take to perform and who should be contacted. Should a consumer not receive the notification he/she should contact the Vehicle Safety Hotline at 888-327-4236 or 800-424-9393, visit the NHTSA www.safercar.gov website, or contact the manufacturer or the dealer. 

Can you make a claim against a manufacturer if you are injured in a defective automobile? 

To have a successful product liability claim against a manufacturer, under Florida law, you must prove the following elements: 

• You were injured or suffered loss;
• The product was defective;
• The defect was a proximate and actual cause of the injury; and
• The product was being used as it was intended. 

“During a vehicle accident investigation, one of the areas we consider is whether a defective part may have played a role in the accident. This is one of the reasons victims of accidents should contact us immediately after seeking medical help when they are injured in accidents. Our experienced legal team is ready to assist you 24/7,” said Fort Myers Personal Injury Lawyer, Randall Spivey.

Fort Myers Personal Injury Lawyer, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.